[Federal Register Volume 67, Number 36 (Friday, February 22, 2002)]
[Proposed Rules]
[Pages 8212-8214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4227]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 67, No. 36 / Friday, February 22, 2002 / 
Proposed Rules  

[[Page 8212]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-256-AD]
RIN 2120-AA64


Airworthiness Directives; Airbus Model A320 and A321 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Airbus Model A320 and A321 
series airplanes. This proposal would require an inspection to detect 
trapped water in the elevator sandwich structure, reprotection of the 
elevator, and corrective actions if necessary. This action is necessary 
to prevent damage caused by water ingress into the elevator, which 
could lead to debonding of the elevator skins and degradation of the 
initial protection, and consequent reduced structural integrity of the 
airplane. This action is intended to address the identified unsafe 
condition.

DATES: Comments must be received by March 25, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket 2001-NM-256-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056. Comments may be inspected at this location 
between 9 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays. Comments may be submitted via fax to (425) 227-1232. Comments 
may also be sent via the Internet using the following address: [email protected]. Comments sent via fax or the Internet must contain 
``Docket No. 2001-NM-256-AD'' in the subject line and need not be 
submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 
Blagnac Cedex, France. This information may be examined at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket 2001-NM-256-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket 2001-NM-256-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056.

Discussion

    The Direction Generale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, notified the FAA that an unsafe 
condition may exist on certain Airbus Model A320 and A321 series 
airplanes. The DGAC advises that in-service findings and a sampling 
inspection performed on elevators in the A320 fleet have revealed water 
ingress into the elevator. This condition, if not corrected, could 
result in debonding of the elevator skins and degradation of the 
initial protection, and consequent reduced structural integrity of the 
airplane.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletin A320-55-1024, dated January 13, 
1999, which describes procedures for a thermographic inspection of the 
left and right elevators to detect trapped water and evaluate water 
damage. The service bulletin also describes procedures for repairing 
any damage, enlarging the existing drainholes in the lower skin panels 
of the elevator, and reprotecting the elevators. Accomplishment of the 
actions specified in the service bulletin is intended to adequately 
address the identified unsafe condition. The DGAC classified this 
service bulletin as mandatory and issued French airworthiness directive 
2001-062(B), dated February 21, 2001, to ensure the continued 
airworthiness of these airplanes in France.
    Service Bulletin A320-55-1024 refers to Airbus Service Bulletin 
A320-55-1022, Revision 01, dated March 30, 2001, as an additional 
source of service information for enlarging the drainage holes in the 
elevator.

[[Page 8213]]

FAA's Conclusions

    These airplane models are manufactured in France and are type-
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above. The FAA has examined the findings of 
the DGAC, reviewed all available information, and determined that AD 
action is necessary for products of this type design that are 
certificated for operation in the United States.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, the proposed AD would require accomplishment of 
the actions specified in Airbus Service Bulletin A320-55-1024, 
described previously, except as discussed below.

Difference Between Proposed Rule and Service Bulletin

    Operators should note that, although Airbus Service Bulletin A320-
55-1024 specifies that the manufacturer may be contacted for 
disposition of certain repair conditions, this proposal would require 
the repair of those conditions to be accomplished in accordance with a 
method approved by either the FAA or the DGAC (or its delegated agent). 
In light of the type of repair that would be required to address the 
identified unsafe condition, and in consonance with existing bilateral 
airworthiness agreements, the FAA has determined that, for this 
proposed AD, a repair approved by either the FAA or the DGAC (or its 
delegated agent) would be acceptable for compliance with this proposed 
AD.

Cost Impact

    The FAA estimates that 91 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 52 work 
hours per airplane to accomplish the proposed actions, and that the 
average labor rate is $60 per work hour. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$283,920, or $3,120 per airplane.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this proposed AD were not adopted. The cost impact 
figures discussed in AD rulemaking actions represent only the time 
necessary to perform the specific actions actually required by the AD. 
These figures typically do not include incidental costs, such as the 
time required to gain access and close up, planning time, or time 
necessitated by other administrative actions.

Regulatory Impact

    The regulations proposed herein would not have a substantial direct 
effect on the States, on the relationship between the national 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, will not have a significant economic impact, 
positive or negative, on a substantial number of small entities under 
the criteria of the Regulatory Flexibility Act. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

Airbus Industrie: Docket 2001-NM-256-AD.

    Applicability: Model A320 and A321 series airplanes, 
certificated in any category; having elevator part and serial 
numbers listed in Airbus Service Bulletin A320-55-1024, dated 
January 13, 1999; excluding those modified per Airbus Modification 
23558.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent damage caused by water ingress into the elevator, 
which could lead to debonding of the elevator skins and degradation 
of the initial protection and consequent reduced structural 
integrity of the airplane, accomplish the following:

Inspection and Follow-On/Corrective Actions

    (a) Within 18 months after the effective date of this AD, or 
within 10 years after the date of manufacture of the airplane, 
whichever occurs later: Perform a thermographic inspection to detect 
trapped water in the elevator sandwich structure, in accordance with 
Airbus Service Bulletin A320-55-1024, dated January 13, 1999.
    (1) If no water is found: Before further flight, reprotect the 
elevator in accordance with the service bulletin.
    (2) If any water is detected: Before further flight, evaluate 
the damage, perform applicable repair of any damaged area, and 
reprotect the elevator, in accordance with the service bulletin. If 
any damage is found for which the service bulletin specifies to 
contact Airbus for appropriate action: Before further flight, repair 
in accordance with a method approved by either the Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate; 
or the Direction Generale de l'Aviation Civile (or its delegated 
agent).

    Note 2: Airbus Service Bulletin A320-55-1024 refers to Airbus 
Service Bulletin A320-55-1022, Revision 01, dated March 30, 2001, as 
an additional source of service information for enlarging the 
drainage holes in the elevator.

Spares

    (b) As of the effective date of this AD, no person may install 
on any airplane an elevator having a part number and serial number 
listed in Airbus Service Bulletin A320-55-1024, dated January 13, 
1999, unless the requirements of this AD have been accomplished on 
that elevator.

Alternative Methods of Compliance

    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager,

[[Page 8214]]

International Branch, ANM-116, Transport Airplane Directorate, FAA. 
Operators shall submit their requests through an appropriate FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, International Branch, ANM-116.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

Special Flight Permits

    (d) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

    Note 4: The subject of this AD is addressed in French 
airworthiness directive 2001-062(B), dated February 21, 2001.


    Issued in Renton, Washington, on February 12, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-4227 Filed 2-21-02; 8:45 am]
BILLING CODE 4910-13-P